Employment tribunal rules: guide for employees

There is a saying ‘all good things must come to an end’, and the same is true of the relationship between employer and employee – but what happens next if it is an acrimonious split?

The decision to end a working relationship can be taken by either side, depending on the circumstances.

Problems tend to arise when allegations of wrongdoing are levelled at either party, or when it is an unwelcome and unexpected surprise, for either employer or employee.

For example, a disciplinary or capability dismissal, redundancy when it is thought to be unfair, allegations of discrimination are made, or a case of constructive dismissal.

When there is a dispute between employer and employee that cannot be resolved through an organisation’s internal procedures or negotiations, it can end up at an employment tribunal.

An employment tribunal is responsible for hearing claims from people who believe an employer or potential employer has treated them unlawfully. This can include claims for unfair dismissal, discrimination and unfair deductions from pay. [1] cited 22.10.24

The latest statistics for employment tribunal claims in 2024 show an increase in claims.

There was a 19 per cent increase in single employment tribunal claims received in the first quarter of 2024/25 compared to the same period in the previous year. The number of open single claim cases increased by 18 per cent over the same period [2] cited 22.10.24

The figures contributed to a growing backlog in tribunal cases, and show there is currently an increase in demand for tribunal services for assistance in resolving cases.

In 2023/24, there were 650 claims that received compensation for unfair dismissal (a decrease of 18 per cent compared to 2022/23), where the maximum award was £179,000 and the average (mean) award was £14,000.

Cases that will often lead to claims for unfair dismissal, one of the most common claims a tribunal has to consider, are those in which an employee is dismissed instantly for an act of gross misconduct.

What is gross misconduct?

It is conduct so serious it fundamentally breaches the trust and relationship between the you and your employer. It will often lead to immediate dismissal without notice.

What are examples of gross misconduct and sackable offences at work?

Theft or fraud

Physical violence or bullying

Gross negligence

Serious insubordination

Discrimination or harassment

Serious breaches of health and safety regulations

What happens if you get sacked for gross misconduct?

Typically you will be dismissed immediately once the allegation/s is considered to be proven.

A dismissal for any act of gross misconduct can be contentious. It will often involve subjective judgments, which can lead to disputes over the fairness of the decision.

The extremely harmful impact it can have on your  future career prospects, immediate financial situation and reputation also make it much more likely that you will want to challenge a dismissal and pursue a case for unfair dismissal, if  eligible to do so [3]

You may opt to take a case to an employment tribunal if you strongly believe your legal rights under employment law have been breached, and that you have no other choice in order to get the justice you believe you deserve.

The tribunal is a formal, independent platform for resolving such disputes, providing a legally binding decision.

It is commonly seen as a last resort when all else has failed and the parties cannot reach an agreement.

Here we take a look at 10 key employment tribunal rules an employee should be aware of if they plan, or wish, to pursue any type of case against  an employer:

1. Time limits

There are strict time limits for making a claim to an employment tribunal. In most cases, you have three months minus one day from the date the problem at work occurred. 

For example, with an unfair dismissal claim, you will have three months minus one day from the date of dismissal to make a claim, and the same time from the last act of discrimination in any claim for discrimination e.g. race, age, sex or disability  .

You should do everything possible to ensure you meet the strict deadline, as failing to do so can result in a claim being dismissed.

2. Early conciliation

You must first go through early conciliation with ACAS prior to making any employment tribunal claim It provides an opportunity for the parties to resolve the dispute without a tribunal hearing. [4] cited 22.10.24

If conciliation proves successful then what is agreed, will be confirmed and documented in a legally binding settlement form called a COT3. It will conclude all matters and the case will not proceed to a tribunal, saving valuable time and expensive legal costs.

In cases where an agreement cannot be reached, and conciliation is unsuccessful, ACAS issue a certificate that allows you to proceed with a tribunal claim.

3. ET1 claim form

You have to fill in an ET1 form and provide required details of the nature of your claim and grounds for it, in order to start the tribunal process The form has to be submitted within the relevant time limit. [5] cited 22.10.24

Once you have submitted your claim, you will be referred to as the Claimant in subsequent employment tribunal proceedings.

4. Employer response to your claim

When you submit your claim, the employer (known as the Respondent) is able to respond to it, and does so using an ET3 form.  It must be submitted within a 28-day deadline. [6] cited 22.10.24

If an employer misses the deadline, the tribunal could make a default judgment against it, and make a decision without a hearing.

If needed an employer can request extra time to complete the ET3 and must explain and justify in writing why extra time is required.

5. Cost

Each side will usually pay their own legal bills for a tribunal case. But in some cases, especially if either party has acted unreasonably or a claim is considered vexatious, costs can be awarded. The cost consequence is mainly aimed at claims made in bad faith or with no prospect of success.

One notable example is  in Vaughan v Lewisham London Borough Council and others (2013). The claimant brought claims of victimisation, discrimination, and harassment against her current and previous employers, as well as several individuals. The tribunal found her claims to be without merit and awarded costs of £87,000 against her [7] cited 22.10.24

6. Your claim

You need to be expressly clear about the type of claim you are making e.g. unfair dismissal, discrimination or unlawful deduction from wages, as different claims must meet a particular legal criteria.

7. Evidence to support your claim

The burden of proof will lie with you, and you must be able to prove you have legitimate grounds for making your claim.

For example, in a claim for unfair dismissal you must be able to demonstrate and show the decision to terminate your contract was unfair. The employer must satisfy the tribunal the decision was reasonable.

Similarly, with a claim of any type of discrimination, you must show evidence of the unlawful treatment to which you were subjected.

8. An employment tribunal hearing

At a hearing both sides will present their evidence, which will typically include witness statements, relevant documents and other pertinent and necessary information.

To have the best chance of success with any claim, it is essential that you gather and organise evidence that best supports your case.

9. An offer to settle a claim

You could be approached by the employer with a settlement proposal either before or during the employment tribunal process.

A request may be made to you for a ‘without prejudice’ conversation or meeting, which is usually with a view to discuss a settlement agreement [8] cited 22.10.24

Such a discussion can take place without going through a hearing, and you can negotiate the terms of any agreement.